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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.HEMALATHA
Mathiya @ Sundarrajan – Appellant
Versus
State by the Inspector of Police, Gudalur Police Station – Respondent
JUDGMENT :
R. HEMALATHA, J.
1. The appellant stood charged for an offence punishable under Section 302 IPC in S.C No.12/2015.
2. The learned trial court Judge, after full trial, convicted and sentenced the appellant, vide her judgment dated 05.01.2016, as detailed hereunder:
| Conviction | Sentence |
| Section 304 (Part ii) IPC | Rigorous imprisonment for five years and to pay a fine of Rs.5,000/- in default, to undergo simple imprisonment for six months. |
| The aforesaid sentences shall run concurrently. | |
| The period of sentence already undergone is set off under Section 428 Cr.P.C. | |
3. The case of the prosecution as could be discerned from the oral and documentary evidence is as follows:
3.1. The deceased Sivakumari is the wife of the appellant Mathiya @ Sundarrajan and daughter of Kandasamy (P.W.1) and Manikavalli (P.W.2). Kanageshwari (P.W.17) and Vigneshwaran (P.W.18) are her siblings.
3.2. The deceased and the appellant got married ten years prior to the occurrence and they were blessed with three children by name Nishanth (10 years), Nivedha (8 years) and Ashvitha (3 years). The appellant, suspecting the fidelity of his wife (deceased) would beat her frequently and two months prior to the date of occu
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